20 ILCS 515/ Child Death Review Team Act.

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20 ILCS 515/1

(20 ILCS 515/1)

Sec. 1.

Short title.

This Act may be cited as the Child Death Review Team Act.

(Source: P.A. 88-614, eff. 9-7-94.)

20 ILCS 515/5

(20 ILCS 515/5)

Sec. 5.

State policy.

The following statements are the policy of this
State:

(1) Every child is entitled to live in safety and in health and to survive
into adulthood.

(2) Responding to child deaths is a State and a community responsibility.

(3) When a child dies, the response by the State and the community to the
death must include an accurate and complete determination of the cause of
death, the provision of services to surviving family members, and the
development and implementation of measures to prevent future deaths from
similar causes.  The response may include court action, including prosecution
of persons who may be responsible for the death and juvenile proceedings to
protect other children in the care of the person responsible for the care of
the child who died.

(4) Professionals from disparate disciplines and agencies who have
responsibilities for children and expertise that can promote child safety and
well-being should share their expertise and knowledge so that the goals of
determining the causes of children's deaths, planning and providing services to
surviving children and nonoffending family members, and preventing future child
deaths can be achieved.

(5) A greater understanding of the incidence and causes of child deaths is
necessary if the State is to prevent future child deaths.

(6) Multidisciplinary and multiagency reviews of child deaths can
assist the State and counties in (i) investigating child deaths, (ii)
developing a greater understanding of the incidence and causes of child deaths
and the methods for preventing those deaths, and (iii) identifying gaps in
services to children and families.

(7) Access to information regarding deceased children and their families by
multidisciplinary and multiagency child death review teams is necessary for
those teams to achieve their purposes and duties.

(Source: P.A. 88-614, eff. 9-7-94.)

20 ILCS 515/10

(20 ILCS 515/10)

Sec. 10.

Definitions.

As used in this Act, unless the context requires
otherwise:

"Child" means any person under the age of 18 years unless legally
emancipated by reason of marriage or entry into a branch of the United States
armed services.

"Department" means the Department of Children and Family Services.

"Director" means the Director of Children and Family Services.

"Executive Council" means the Illinois Child Death Review Teams Executive
Council.

(Source: P.A. 92-468, eff. 8-22-01.)

20 ILCS 515/15

(20 ILCS 515/15)

Sec. 15. Child death review teams; establishment.

(a) The Director, in consultation with the Executive Council, law
enforcement, and other
professionals who work in the field of investigating, treating, or preventing
child abuse or neglect in that subregion, shall appoint members to a child
death review
team in each of the Department's administrative subregions of the State outside
Cook County and at least one child death review team in Cook County.  The
members of a team shall be appointed for 2-year terms and
shall be eligible for reappointment upon the expiration of the terms. The Director must fill any vacancy in a team within 60 days after that vacancy occurs.

(b) Each child death review team shall consist of at least one member from
each of the following categories:

(1) Pediatrician or other physician knowledgeable

about child abuse and neglect.

(2) Representative of the Department.

(3) State's attorney or State's attorney's

representative.

(4) Representative of a local law enforcement agency.

(5) Psychologist or psychiatrist.

(6) Representative of a local health department.

(7) Representative of a school district or other

education or child care interests.

(8) Coroner or forensic pathologist.

(9) Representative of a child welfare agency or child

advocacy organization.

(10) Representative of a local hospital, trauma

center, or provider of emergency medical services.

(11) Representative of the Department of State

Police.

Each child death review team may make recommendations to the Director
concerning additional appointments.

Each child death review team member must have demonstrated experience and an
interest in investigating, treating, or preventing child abuse or neglect.

(c) Each child death review team shall select a chairperson from among its
members.
The chairperson shall also serve on the Illinois Child Death Review Teams
Executive
Council.

(d) The child death review teams shall be funded under a separate line item in the Department's annual budget.

(Source: P.A. 95-527, eff. 6-1-08.)

20 ILCS 515/20

(20 ILCS 515/20)

Sec. 20. Reviews of child deaths.

(a) Every child death shall be reviewed by the team in the subregion which
has
primary case management responsibility.  The deceased child must be one of the
following:

(1) A ward of the Department.

(2) The subject of an open service case maintained by

the Department.

(3) The subject of a pending child abuse or neglect

investigation.

(4) A child who was the subject of an abuse or

neglect investigation at any time during the 12 months preceding the child's death.

(5) Any other child whose death is reported to the

State central register as a result of alleged child abuse or neglect which report is subsequently indicated.

A child death review team may, at its discretion, review other sudden,
unexpected, or unexplained child deaths, and cases of serious or fatal injuries to a child identified under the Children's
 Advocacy Center Act.

(b) A child death review team's purpose in conducting reviews of child
deaths
is to do the following:

(1) Assist in determining the cause and manner of the

child's death, when requested.

(2) Evaluate means by which the death might have been

prevented.

(3) Report its findings to appropriate agencies and

make recommendations that may help to reduce the number of child deaths caused by abuse or neglect.

(4) Promote continuing education for professionals

involved in investigating, treating, and preventing child abuse and neglect as a means of preventing child deaths due to abuse or neglect.

(5) Make specific recommendations to the Director and

the Inspector General of the Department concerning the prevention of child deaths due to abuse or neglect and the establishment of protocols for investigating child deaths.

(c) A child death review team shall review a child death as soon as
practical and not later than
90 days following
the
completion by the Department of the investigation of the death under the
Abused and Neglected Child Reporting Act.  When there has been no investigation
by the Department, the child death review team shall review a child's death
within 90 days after obtaining the information necessary to complete the review
from the coroner, pathologist, medical examiner, or law enforcement agency,
depending on the nature of the case.  A child death
review
team shall meet at
least once in
each calendar quarter.

(d) The Director shall, within 90 days, review and reply to recommendations
made by a team under
item (5) of
subsection (b). With respect to each recommendation made by a team, the Director shall submit his or her reply both to the chairperson of that team and to the chairperson of the Executive Council. The Director's reply to each recommendation must include a statement as to whether the Director intends to implement the recommendation.

The Director shall implement recommendations as feasible and
appropriate and shall respond in writing to explain the implementation or
nonimplementation of the recommendations.

(e) Within 90 days after the Director submits a reply with respect to a recommendation as required by subsection (d), the Director must submit an additional report that sets forth in detail the way, if any, in which the Director will implement the recommendation and the schedule for implementing the recommendation. The Director shall submit this report to the chairperson of the team that made the recommendation and to the chairperson of the Executive Council.

(f) Within 180 days after the Director submits a report under subsection (e) concerning the implementation of a recommendation, the Director shall submit a further report to the chairperson of the team that made the recommendation and to the chairperson of the Executive Council. This report shall set forth the specific changes in the Department's policies and procedures that have been made in response to the recommendation.

(Source: P.A. 95-405, eff. 6-1-08; 95-527, eff. 6-1-08; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09.)

20 ILCS 515/25

(20 ILCS 515/25)

Sec. 25. Team access to information.

(a) The Department shall provide to a child death review team, on the
request of the team chairperson, all records and information in the
Department's
possession that are relevant to the team's review of a child death, including
records and information concerning previous reports or investigations of
suspected child abuse or neglect.

(b) A child death review team shall have access to all records and
information that are relevant to its review of a child death
and in the
possession of a State or local governmental agency, including, but not limited to, information gained through the Child Advocacy Center protocol for cases of serious or fatal injury to a child.  These records and
information include, without limitation, birth certificates, all relevant
medical and mental health records, records of law
enforcement agency investigations, records of coroner or medical examiner
investigations, records of the Department of Corrections concerning a person's
parole, records of a probation and court services department, and records of a
social services agency that provided services
to the child or the child's family.

(Source: P.A. 95-527, eff. 6-1-08.)

20 ILCS 515/30

(20 ILCS 515/30)

Sec. 30.

Public access to information.

(a) Meetings of the child death review teams and the Executive
Council shall be closed to the public.
Meetings of the child death review teams and the Executive Council are
not subject to the Open Meetings Act
(5 ILCS 120), as provided in that Act.

(b) Records and information provided to a child death review team and the
Executive Council, and
records maintained by a team or the Executive Council, are confidential and
not subject to the Freedom
of Information Act (5 ILCS 140), as provided in that Act.

Nothing contained in this subsection (b) prevents the sharing or disclosure
of records, other than those produced by a Child Death Review Team or the
Executive Council, relating or
pertaining to the death of a minor under the care of or
receiving services from the Department of Children and Family Services and
under the jurisdiction of the juvenile court with the juvenile court, the
State's Attorney, and the minor's attorney.

(c) Members of a child death review team and the Executive Council
are not subject to examination, in any civil or criminal
proceeding, concerning information presented to members of the team or the
Executive Council or opinions
formed by members of the team or the Executive Council based on that
information.  A person may,
however, be examined concerning information provided to a child death review
team or the Executive Council that is otherwise available to the public.

(d) Records and information produced by a child death review team and the
Executive Council are
not subject to discovery or subpoena and are not admissible as evidence in any
civil or criminal proceeding.  Those records
and information are, however, subject to discovery or a subpoena, and are
admissible as evidence, to the extent they are otherwise available to the
public.

(Source: P.A. 92-468, eff. 8-22-01)

20 ILCS 515/35

(20 ILCS 515/35)

Sec. 35. Indemnification.

The State shall indemnify and hold harmless
members of a child death
review team and the Executive Council for all their acts, omissions,
decisions, or other conduct arising
out of the scope of their service on the team or Executive Council, except
those involving willful
or wanton misconduct.  The method of providing indemnification shall be as
provided in the State Employee Indemnification Act (5 ILCS 350/0.01 et seq.).

(Source: P.A. 97-813, eff. 7-13-12.)

20 ILCS 515/40

(20 ILCS 515/40)

Sec. 40. Illinois Child Death Review Teams Executive Council.

(a) The Illinois Child Death Review Teams Executive Council, consisting of
the
chairpersons of the 9 child death review teams in Illinois, is the coordinating
and
oversight body for child death review teams and activities in Illinois. The
vice-chairperson of a child death review team, as designated by the
chairperson, may
serve
as a back-up member or an alternate member of the Executive Council, if the
chairperson of the child death review team is unavailable to serve on the
Executive Council. The Inspector General of the Department, ex officio, is a
non-voting member of the Executive Council.  The Director may
appoint to the Executive Council any
ex-officio members deemed necessary.  Persons with
expertise needed by the Executive Council may be invited to meetings.  The
Executive Council must select from its members a chairperson and a
vice-chairperson, each
to serve a 2-year, renewable term.

The Executive Council must meet at least 4 times during each calendar year. At each such meeting, in addition to any other matters under consideration, the Executive Council shall review all replies and reports received from the Director pursuant to subsections (d), (e), and (f) of Section 20 since the Executive Council's previous meeting. The Executive Council's review must include consideration of the Director's proposed manner of and schedule for implementing each recommendation made by a child death review team.

(b) The Department must provide or arrange for the staff support necessary
for the
Executive Council to carry out its duties.
The Director, in cooperation and consultation with the Executive Council, shall
appoint, reappoint, and remove team members. From funds available, the Director may select from a list of 2 or more candidates recommended by the Executive Council to serve as the Child Death Review Teams Executive Director.  The Child Death Review Teams Executive Director shall oversee the operations of the child death review teams and shall report directly to the Executive Council.

(c) The Executive Council has, but is not limited to, the following duties:

(1) To serve as the voice of child death review teams

in Illinois.

(2) To oversee the regional teams in order to ensure

that the teams' work is coordinated and in compliance with the statutes and the operating protocol.

(3) To ensure that the data, results, findings, and

recommendations of the teams are adequately used to make any necessary changes in the policies, procedures, and statutes in order to protect children in a timely manner.

(4) To collaborate with the General Assembly, the

Department, and others in order to develop any legislation needed to prevent child fatalities and to protect children.

(5) To assist in the development of quarterly and

annual reports based on the work and the findings of the teams.

(6) To ensure that the regional teams' review

processes are standardized in order to convey data, findings, and recommendations in a usable format.

(7) To serve as a link with child death review teams

throughout the country and to participate in national child death review team activities.

(8) To develop an annual statewide symposium to

update the knowledge and skills of child death review team members and to promote the exchange of information between teams.

(9) To provide the child death review teams with the

most current information and practices concerning child death review and related topics.

(10) To perform any other functions necessary to

enhance the capability of the child death review teams to reduce and prevent child injuries and fatalities.

(c-5) The Executive Council shall prepare an annual report. The report must include, but need not be limited to, (i) each recommendation made by a child death review team pursuant to item (5) of subsection (b) of Section 20 during the period covered by the report, (ii) the Director's proposed schedule for implementing each such recommendation, and (iii) a description of the specific changes in the Department's policies and procedures that have been made in response to the recommendation. The Executive Council shall send a copy of its annual report to each of the following:

(1) The Governor.
(2) Each member of the Senate or the House of

Representatives whose legislative district lies wholly or partly within the region covered by any child death review team whose recommendation is addressed in the annual report.

(3) Each member of each child death review team in

the State.

(d) In any instance when a child death review team does not operate in
accordance with
established protocol, the Director, in consultation and cooperation
with the Executive Council,
must take any necessary actions to bring the team into compliance
with the
protocol.

(Source: P.A. 95-405, eff. 6-1-08; 95-527, eff. 6-1-08; 95-876, eff. 8-21-08.)

20 ILCS 515/45

(20 ILCS 515/45)

Sec. 45. Child Death Investigation Task Force; pilot program.

The Child Death Review Teams Executive Council may, from funds appropriated by the Illinois General Assembly to the Department and provided to the Child Death Review Teams Executive Council for this purpose, or from funds that may otherwise be provided for this purpose from other public or private sources, establish an 18-month pilot program in the Southern Region of the State, as designated by the Department, under which a special Child Death Investigation Task Force will be created by the Child Death Review Teams Executive Council to develop and implement a plan for the investigation of sudden, unexpected, or unexplained deaths of children under 18 years of age occurring within that region. The plan shall include a protocol to be followed by child death review teams in the review of child deaths authorized under paragraph (a)(5) of Section 20 of this Act. The plan must include provisions for local or State law enforcement agencies, hospitals, or coroners to promptly notify the Task Force of a death or serious life-threatening injury to a child, and for the Child Death Investigation Task Force to review the death and submit a report containing findings and recommendations to the Child Death Review Teams Executive Council, the Director, the Department of Children and Family Services Inspector General, the appropriate State's Attorney, and the State Representative and State Senator in whose legislative districts the case arose. The plan may include coordination with any investigation conducted under the Children's Advocacy Center Act.  By July 1, 2011,  the Child Death Review Teams Executive Council shall submit a report to the Director, the General Assembly, and the Governor summarizing the results of the pilot program together with any recommendations for statewide implementation of a protocol for the investigation of all sudden, unexpected, or unexplained child deaths.

(Source: P.A. 95-527, eff. 6-1-08; 96-955, eff. 6-30-10; 96-1000, eff. 7-2-10.)

20 ILCS 515/90

(20 ILCS 515/90)

Sec. 90.