Full Text of HB4966 97th General Assembly
HB4966enr 97TH 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 4.2 as follows:
| 6 | | (325 ILCS 5/4.2)
| 7 | | Sec. 4.2. Departmental report on death or serious | 8 | | life-threatening injury of child.
| 9 | | (a) In the case of the death or serious life-threatening | 10 | | injury of a child whose care and custody or custody
and | 11 | | guardianship has been transferred to the Department, or in the | 12 | | case
of a child abuse or neglect report made to the central | 13 | | register involving the
death of a child, the
Department shall | 14 | | (i) investigate or provide for an investigation of the cause
of | 15 | | and circumstances surrounding the death or serious | 16 | | life-threatening injury, (ii) review the investigation,
and | 17 | | (iii) prepare and issue a report on the death or serious | 18 | | life-threatening injury.
| 19 | | (b) The report shall include (i) the cause of death or | 20 | | serious life-threatening injury, whether from natural
or other | 21 | | causes, (ii) any
extraordinary or pertinent information | 22 | | concerning the circumstances of the
child's death or serious | 23 | | life-threatening injury, (iii) identification of child |
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| 1 | | protective or other social services provided or actions taken | 2 | | regarding the child or his or her family at the time of the | 3 | | death or serious life-threatening injury or within the | 4 | | preceding 5 years, (iv) any action or further investigation | 5 | | undertaken by the
Department since the death or serious | 6 | | life-threatening injury of the
child, (v) as appropriate, | 7 | | recommendations for State
administrative or policy changes, | 8 | | and (vi) whether the alleged perpetrator of the abuse or | 9 | | neglect has been charged with committing a crime related to the | 10 | | report and allegation of abuse or neglect , and (vii) a copy of | 11 | | any documents, files, records, books, and papers created or | 12 | | used in connection with the Department's investigation of the | 13 | | death or serious life-threatening injury of the child . In any | 14 | | case involving the death or near death of a child, when a | 15 | | person responsible for the child has been charged with | 16 | | committing a crime that results in the child's death or near | 17 | | death, there shall be a presumption that the best interest of | 18 | | the public will be served by public disclosure of certain | 19 | | information concerning the circumstances of the investigations | 20 | | of the death or near death of the child and any other | 21 | | investigations concerning that child or other children living | 22 | | in the same household.
| 23 | | If the Department receives from the public a request for | 24 | | information relating to a case of child abuse or neglect | 25 | | involving the death or serious life-threatening injury of a | 26 | | child, the Director shall consult with the State's Attorney in |
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| 1 | | the county of venue and release the report related to the case, | 2 | | except for the following, which may be redacted from the | 3 | | information disclosed to the public: any mental health or | 4 | | psychological information that is confidential as otherwise | 5 | | provided in State law; privileged communications of an | 6 | | attorney; the identity of the individual or individuals, if | 7 | | known, who made the report; information that may cause mental | 8 | | or physical harm to a sibling or another child living in the | 9 | | household; information that may undermine an ongoing criminal | 10 | | investigation; and any information prohibited from disclosure | 11 | | by federal law or regulation. Any information provided by an | 12 | | adult subject of a report that is released about the case in a | 13 | | public forum shall be subject to disclosure upon a public | 14 | | information request. Information about the case shall also be | 15 | | subject to disclosure upon consent of an adult subject. | 16 | | Information about the case shall also be subject to disclosure | 17 | | if it has been publicly disclosed in a report by a law | 18 | | enforcement agency or official, a State's Attorney, a judge, or | 19 | | any other State or local investigative agency or official. | 20 | | Except as it may apply directly to the cause of the death or | 21 | | serious life-threatening injury of the
child, nothing
in this | 22 | | Section shall be deemed to authorize the release or disclosure | 23 | | to the
public of
the substance or content of any psychological, | 24 | | psychiatric, therapeutic,
clinical, or medical reports, | 25 | | evaluation, or like materials or information
pertaining to the | 26 | | child or the child's family.
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| 1 | | (c) No later than 6 months after the date of the death or | 2 | | serious life-threatening injury of the child, the
Department | 3 | | shall notify the President of the Senate, the Minority Leader | 4 | | of
the Senate, the
Speaker of the House of Representatives, the | 5 | | Minority Leader of the House of
Representatives, and the | 6 | | members of the Senate and the House of Representatives
in whose | 7 | | district the child's death or serious life-threatening injury | 8 | | occurred upon the completion of each report
and
shall submit an | 9 | | annual cumulative report to the Governor and the General
| 10 | | Assembly incorporating cumulative data about the above reports | 11 | | and including appropriate
findings
and recommendations. The | 12 | | reports required by this subsection (c) shall be made available | 13 | | to the public
after completion or submittal.
| 14 | | (d) To enable the Department to prepare the report, the | 15 | | Department may
request and shall timely receive from | 16 | | departments, boards, bureaus, or other
agencies of the State, | 17 | | or any of its political subdivisions, or any duly
authorized | 18 | | agency, or any other agency which provided assistance, care, or
| 19 | | services to the deceased or injured child any information they | 20 | | are authorized to
provide.
| 21 | | (Source: P.A. 95-405, eff. 6-1-08 .)
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