Rep. Sara Feigenholtz

Filed: 5/6/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 193

2    AMENDMENT NO. ______. Amend Senate Bill 193 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Sections 7.14 and 8.2 and by adding Section
67.22a as follows:
 
7    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
8    Sec. 7.14. All reports in the central register shall be
9classified in one of three categories: "indicated",
10"unfounded" or "undetermined", as the case may be. Prior to
11classifying the report, the Department shall determine whether
12the report is subject to Department review under Section 7.22a.
13If the report is subject to Department review, the report shall
14not be classified as unfounded until the review is completed.
15Prior to classifying the report, the person making the
16classification shall determine whether the child named in the

 

 

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1report is the subject of an action under Article V of the
2Juvenile Court Act of 1987 who is in the custody or
3guardianship of the Department or who has an open intact family
4services case with the Department or is the subject of an
5action under Article II of the Juvenile Court Act of 1987. If
6the child either is the subject of an action under Article V of
7the Juvenile Court Act of 1987 and is in the custody or
8guardianship of the Department or has an open intact family
9services case with the Department or is the subject of an
10action under Article II of the Juvenile Court Act of 1987 and
11the Department intends to classify the report as indicated, the
12Department shall, within 45 days of classification of the
13report, transmit a copy of the report to the attorney or
14guardian ad litem appointed for the child under Section 2-17 of
15the Juvenile Court Act of 1987 or to a guardian ad litem
16appointed under Section 5-610 of the Juvenile Court Act of
171987. If the child either is the subject of an action under
18Article V of the Juvenile Court Act of 1987 and is in the
19custody or guardianship of the Department or has an open intact
20family services case with the Department or is the subject of
21an action under Article II of the Juvenile Court Act of 1987
22and the Department intends to classify the report as unfounded,
23the Department shall, within 45 days of deciding its intent to
24classify the report as unfounded, transmit a copy of the report
25and written notice of the Department's intent to the attorney
26or guardian ad litem appointed for the child under Section 2-17

 

 

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1of the Juvenile Court Act of 1987, or to a guardian ad litem
2appointed under Section 5-610 of the Juvenile Court Act of
31987. The Department's obligation under this Section to provide
4reports to a guardian ad litem appointed under Section 5-610 of
5the Juvenile Court Act of 1987 for a minor with an open intact
6family services case applies only if the guardian ad litem
7notified the Department in writing of the representation. All
8information identifying the subjects of an unfounded report
9shall be expunged from the register forthwith, except as
10provided in Section 7.7. Unfounded reports may only be made
11available to the Child Protective Service Unit when
12investigating a subsequent report of suspected abuse or
13maltreatment involving a child named in the unfounded report;
14and to the subject of the report, provided the Department has
15not expunged the file in accordance with Section 7.7. The Child
16Protective Service Unit shall not indicate the subsequent
17report solely based upon the existence of the prior unfounded
18report or reports. Notwithstanding any other provision of law
19to the contrary, an unfounded report shall not be admissible in
20any judicial or administrative proceeding or action except for
21proceedings under Sections 2-10 and 2-21 of the Juvenile Court
22Act of 1987 involving a petition filed under Section 2-13 of
23the Juvenile Court Act of 1987 alleging abuse or neglect to the
24same child, a sibling of the child, or the same perpetrator.
25Identifying information on all other records shall be removed
26from the register no later than 5 years after the report is

 

 

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1indicated. However, if another report is received involving the
2same child, his sibling or offspring, or a child in the care of
3the persons responsible for the child's welfare, or involving
4the same alleged offender, the identifying information may be
5maintained in the register until 5 years after the subsequent
6case or report is closed.
7    Notwithstanding any other provision of this Section,
8identifying information in indicated reports involving serious
9physical injury to a child as defined by the Department in
10rules, may be retained longer than 5 years after the report is
11indicated or after the subsequent case or report is closed, and
12may not be removed from the register except as provided by the
13Department in rules. Identifying information in indicated
14reports involving sexual penetration of a child, sexual
15molestation of a child, sexual exploitation of a child, torture
16of a child, or the death of a child, as defined by the
17Department in rules, shall be retained for a period of not less
18than 50 years after the report is indicated or after the
19subsequent case or report is closed.
20    For purposes of this Section, "child" includes an adult
21resident as defined in this Act.
22(Source: P.A. 99-78, eff. 7-20-15; 99-349, eff. 1-1-16;
23100-158, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
24    (325 ILCS 5/7.22a new)
25    Sec. 7.22a. Reports subject to review.

 

 

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1    (a) Unfounded reports. Prior to classifying a report under
2Section 7.14, if the Department intends to classify the report
3as unfounded, the Department must first determine whether the
4report is subject to review in accordance with this Section. If
5the report is subject to review, the review process must be
6completed prior to classifying the report. The Deputy Director
7of Child Protection must oversee a review process that ensures
8the Department reviews a random sample of at least 5% of child
9abuse and neglect reports in which the Department intends to be
10unfounded and any subject child of the report is not of
11compulsory school age as provided under Section 26-1 of the
12School Code.
13    The review must be conducted by an area administrator
14outside the supervisory chain of the investigator and
15supervisor. The review shall ensure that the investigation was
16conducted in accordance with the Department's rules and
17procedures governing child abuse and neglect investigations
18and that the final intended finding is consistent with the goal
19of protecting the health, safety, and best interests of the
20child in all situations in which the child is vulnerable to
21child abuse or neglect. If the reviewer determines the
22investigation or final recommended unfounded finding is
23inconsistent with the Department's rules and procedures, the
24reviewer shall document the findings in an Unfounded Review
25Report and forward the Unfounded Review Report to the
26investigator, supervisor, area administrator assigned to the

 

 

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1case, and Deputy Director of Child Protection to ensure
2appropriate corrective steps are taken in the case before the
3final finding is entered. The Unfounded Review Report shall be
4included in the investigative file.
5    (b) The Deputy Director of Child Protection must oversee a
6review process that ensures the Department reviews a random
7sample of at least 5% of indicated reports in which any subject
8child of the report is not of compulsory school age as provided
9under Section 26-1 of the School Code, the child is not a youth
10in care, and the Department is not opening a case for any type
11of services, including situations in which the family refuses
12services. The review must be conducted by an area administrator
13outside the supervisory chain of the assigned investigator
14within 15 days of the final finding being entered. The review
15shall ensure that the investigation was conducted in accordance
16with the Department's rules and procedures governing child
17abuse and neglect investigations and that the decision to not
18provide services is consistent with the goal of protecting the
19health, safety, and best interests of the child in all
20situations in which the child is vulnerable to child abuse or
21neglect. If the reviewer determines the investigation or final
22finding is inconsistent with the Department's rules and
23procedures, the reviewer shall document the findings in an
24Indicated Review Report and forward the Indicated Review Report
25to the investigator, supervisor, area administrator assigned
26to the case, and Deputy Director of Child Protection to ensure

 

 

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1appropriate corrective steps are taken in the case. The
2Indicated Review Report shall be included in the investigative
3file.
4    (c) The Department shall document its findings in
5accordance with subsections (a) and (b), including the number
6of Unfounded Review Reports and Indicated Review Reports, and
7the findings and recommendations detailed in the Indicated
8Review Reports and Unfounded Review Reports in reports to the
9General Assembly. The reports shall describe recommendations
10for systemic reforms based on the findings of the reviews and
11the steps the Department will take to implement the
12recommendations. The initial report shall be filed 90 days
13after the effective date of this amendatory Act of the 101st
14General Assembly. Subsequent reports shall be filed on December
151 and June 1 of each year.
 
16    (325 ILCS 5/8.2)  (from Ch. 23, par. 2058.2)
17    Sec. 8.2. If the Child Protective Service Unit determines,
18following an investigation made pursuant to Section 7.4 of this
19Act, that there is credible evidence that the child is abused
20or neglected, the Department shall assess the family's need for
21services, and, as necessary, develop, with the family, an
22appropriate service plan for the family's voluntary acceptance
23or refusal. In any case where there is evidence that the
24perpetrator of the abuse or neglect has a substance use
25disorder as defined in the Substance Use Disorder Act, the

 

 

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1Department, when making referrals for drug or alcohol abuse
2services, shall make such referrals to facilities licensed by
3the Department of Human Services or the Department of Public
4Health. The Department shall comply with Section 8.1 by
5explaining its lack of legal authority to compel the acceptance
6of services and may explain its concomitant authority to
7petition the Circuit court under the Juvenile Court Act of 1987
8or refer the case to the local law enforcement authority or
9State's attorney for criminal prosecution.
10    For purposes of this Act, the term "family preservation
11services" refers to all services to help families, including
12adoptive and extended families. Family preservation services
13shall be offered, where safe and appropriate, to prevent the
14placement of children in substitute care when the children can
15be cared for at home or in the custody of the person
16responsible for the children's welfare without endangering the
17children's health or safety, to reunite them with their
18families if so placed when reunification is an appropriate
19goal, or to maintain an adoptive placement. The term
20"homemaker" includes emergency caretakers, homemakers,
21caretakers, housekeepers and chore services. The term
22"counseling" includes individual therapy, infant stimulation
23therapy, family therapy, group therapy, self-help groups, drug
24and alcohol abuse counseling, vocational counseling and
25post-adoptive services. The term "day care" includes
26protective day care and day care to meet educational,

 

 

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1prevocational or vocational needs. The term "emergency
2assistance and advocacy" includes coordinated services to
3secure emergency cash, food, housing and medical assistance or
4advocacy for other subsistence and family protective needs.
5    Before July 1, 2000, appropriate family preservation
6services shall, subject to appropriation, be included in the
7service plan if the Department has determined that those
8services will ensure the child's health and safety, are in the
9child's best interests, and will not place the child in
10imminent risk of harm. Beginning July 1, 2000, appropriate
11family preservation services shall be uniformly available
12throughout the State. The Department shall promptly notify
13children and families of the Department's responsibility to
14offer and provide family preservation services as identified in
15the service plan. Such plans may include but are not limited
16to: case management services; homemakers; counseling; parent
17education; day care; emergency assistance and advocacy
18assessments; respite care; in-home health care; transportation
19to obtain any of the above services; and medical assistance.
20Nothing in this paragraph shall be construed to create a
21private right of action or claim on the part of any individual
22or child welfare agency, except that when a child is the
23subject of an action under Article II of the Juvenile Court Act
24of 1987 and the child's service plan calls for services to
25facilitate achievement of the permanency goal, the court
26hearing the action under Article II of the Juvenile Court Act

 

 

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1of 1987 may order the Department to provide the services set
2out in the plan, if those services are not provided with
3reasonable promptness and if those services are available.
4    Each Department field office shall maintain on a local
5basis directories of services available to children and
6families in the local area where the Department office is
7located.
8    The Department shall refer children and families served
9pursuant to this Section to private agencies and governmental
10agencies, where available.
11    Incentives that discourage or reward a decision to provide
12family preservation services after a report is indicated or a
13decision to refer a child for the filing of a petition under
14Article II of the Juvenile Court Act of 1987 are strictly
15prohibited and shall not be included in any contract, quality
16assurance, or performance review process. Incentives include,
17but are not limited to, monetary benefits, contingencies, and
18enhanced or diminished performance reviews for individuals or
19agencies.
20    Any decision regarding whether to provide family
21preservation services after an indicated report or to refer a
22child for the filing of a petition under Article II of the
23Juvenile Court Act of 1987 shall be based solely on the child's
24health, safety, and best interests and on any applicable law.
25If a difference of opinion exists between a private agency and
26the Department regarding whether to refer for the filing of a

 

 

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1petition under Article II of the Juvenile Court Act of 1987,
2the case shall be referred to the Deputy Director of Child
3Protection for review and determination.
4    Any Department employee responsible for reviewing
5contracts or program plans who is aware of a violation of this
6Section shall immediately refer the matter to the Inspector
7General of the Department.
8    Where there are 2 equal proposals from both a
9not-for-profit and a for-profit agency to provide services, the
10Department shall give preference to the proposal from the
11not-for-profit agency.
12    No service plan shall compel any child or parent to engage
13in any activity or refrain from any activity which is not
14reasonably related to remedying a condition or conditions that
15gave rise or which could give rise to any finding of child
16abuse or neglect.
17(Source: P.A. 100-759, eff. 1-1-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".