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| | HB4242 Engrossed | | LRB104 16754 KTG 30162 b |
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| 1 | | AN ACT concerning children.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Abused and Neglected Child Reporting Act is |
| 5 | | amended by changing Section 7.12 as follows:
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| 6 | | (325 ILCS 5/7.12) (from Ch. 23, par. 2057.12) |
| 7 | | Sec. 7.12. The Child Protective Service Unit shall |
| 8 | | determine, within 60 days, whether the report is "indicated" |
| 9 | | or "unfounded" and report it forthwith to the central |
| 10 | | register; where it is not possible to initiate or complete an |
| 11 | | investigation within 60 days the report may be deemed |
| 12 | | "undetermined" provided every effort has been made to |
| 13 | | undertake a complete investigation. The Department may extend |
| 14 | | the period in which such determinations must be made in |
| 15 | | individual cases for additional periods of up to 30 days each |
| 16 | | for good cause shown. The Department shall by rule establish |
| 17 | | what shall constitute good cause. |
| 18 | | In those cases in which the Child Protective Service Unit |
| 19 | | has made a final determination that a report is "indicated" or |
| 20 | | "unfounded", the Department shall provide written notification |
| 21 | | of the final determination to the subjects of the report and to |
| 22 | | the alleged perpetrator, parents, personal guardian or legal |
| 23 | | guardian of the alleged child victim, and other persons |
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| | HB4242 Engrossed | - 2 - | LRB104 16754 KTG 30162 b |
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| 1 | | required to receive notice by regular U.S. mail. The written |
| 2 | | notification of the final determination of an indicated |
| 3 | | finding by the Department shall include: |
| 4 | | (1) a statement of the allegation and the indicated |
| 5 | | finding; |
| 6 | | (2) the length of time the indicated finding shall be |
| 7 | | maintained in the State Central Register; |
| 8 | | (3) notice of the right to request an administrative |
| 9 | | appeal of the indicated finding; |
| 10 | | (4) the time period within which an administrative |
| 11 | | appeal must be requested; |
| 12 | | (5) the manner in which to request an administrative |
| 13 | | appeal; and |
| 14 | | (6) notice of the right to request a copy of the |
| 15 | | investigative file that pertains to the subject, including |
| 16 | | the manner in which such a request may be made, regardless |
| 17 | | of whether the subject requests an administrative appeal, |
| 18 | | and that any records provided are subject to redaction or |
| 19 | | withholding as required by State or federal law. |
| 20 | | Subject to appropriation, written notification of the |
| 21 | | final determination shall be sent to a perpetrator indicated |
| 22 | | for child abuse or child neglect, or both, by both regular and |
| 23 | | certified mail. |
| 24 | | (Source: P.A. 96-385, eff. 1-1-10.) |
