Full Text of SB1207 98th General Assembly
SB1207sam002 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 3/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 1207
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1207 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Abused and Neglected Child Reporting Act is | 5 | | amended by changing Section 7.16 as follows:
| 6 | | (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
| 7 | | Sec. 7.16.
For any investigation or appeal initiated on or | 8 | | after, or
pending on July 1, 1998, the following time frames | 9 | | shall apply.
Within 60 days after the notification of the | 10 | | completion
of the Child Protective Service Unit investigation, | 11 | | determined by the date
of the notification sent by the | 12 | | Department, the perpetrator named in the notification a subject | 13 | | of a report may
request the Department to amend the record or
| 14 | | remove the record of the report from the register , except that | 15 | | the 60-day deadline for filing a request to amend the record or | 16 | | remove the record of the report from the record shall be tolled |
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| 1 | | until after the sentencing in any criminal court action or | 2 | | after adjudication in any juvenile court action concerning the | 3 | | circumstances that give rise to an indicated report . Such | 4 | | request shall be
in writing and directed to such person as the | 5 | | Department designates in the
notification letter notifying the | 6 | | perpetrator of the indicated finding . The perpetrator If the | 7 | | Department disregards any
request to do so or does
not act | 8 | | within 10 days, the subject shall have the right to a timely
| 9 | | hearing within
the Department to determine whether the record | 10 | | of the report should be
amended or removed on the grounds that | 11 | | it is inaccurate or it is
being
maintained in a manner | 12 | | inconsistent with this Act, except that there
shall be no such | 13 | | right to a hearing on the ground of the report's
inaccuracy if | 14 | | there has been a court finding of child abuse or neglect or a | 15 | | criminal finding of guilt as to the perpetrator. , the
report's | 16 | | accuracy being conclusively presumed on such finding. Such
| 17 | | hearing shall be held within a reasonable time after the | 18 | | perpetrator's subject's request
and at a reasonable place and | 19 | | hour. The appropriate Child Protective
Service Unit shall be | 20 | | given notice of the hearing. If the minor, who is the subject | 21 | | of a pending case under Article II of the Juvenile Court Act of | 22 | | 1987, is also the subject of a pending hearing to amend or | 23 | | remove the record of the report from the State central | 24 | | register, the minor shall, through the minor's attorney and | 25 | | guardian ad litem appointed under Section 2-17 of the Juvenile | 26 | | Court Act of 1987, have the right to participate and be heard |
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| 1 | | in such hearing as defined under Department rules. In such | 2 | | hearings, the
burden of proving the accuracy and consistency of | 3 | | the record shall be on
the Department and the appropriate Child | 4 | | Protective Service Unit. The
hearing shall be conducted by the | 5 | | Director or his designee, who is hereby
authorized and | 6 | | empowered to order the amendment or removal of
the record to | 7 | | make it accurate and consistent with this Act. The decision
| 8 | | shall be made, in writing, at the close of the hearing, or | 9 | | within 60 45
days
thereof, and shall state the reasons upon | 10 | | which it is based. Decisions of
the Department under this | 11 | | Section are administrative decisions subject to
judicial | 12 | | review under the Administrative Review Law.
| 13 | | Should the Department grant the request of the perpetrator | 14 | | subject of the report
pursuant to this Section either on | 15 | | administrative review or after
an administrative hearing to | 16 | | amend an indicated report to an unfounded report, the
report | 17 | | shall be released and expunged in accordance
with the standards | 18 | | set forth in Section 7.14 of this Act.
| 19 | | (Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)
| 20 | | Section 99. Effective date. This Act takes effect January | 21 | | 1, 2014.".
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