(325 ILCS 5/7.22a) Sec. 7.22a. Reports subject to review. (a) Unfounded reports. Prior to classifying a report under Section 7.14, if the Department
intends to classify the report as unfounded, the Department must first determine whether the report is subject to review
in accordance with this Section. If the report is subject to review, the review process must be completed prior to classifying the
report. The Deputy Director of Child Protection must oversee a review process that ensures the Department reviews a random sample of at least 5% of child abuse and neglect reports in which the Department intends to be unfounded and any subject child of the report is not of compulsory school age as provided under Section 26-1 of the School Code. The review must be conducted by an area administrator outside the supervisory chain of the investigator and supervisor. The review shall ensure that the investigation was conducted in accordance with the Department's rules and
procedures governing child abuse and neglect investigations and that the final intended finding is consistent with the goal of protecting the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect. If the reviewer determines the investigation or final recommended unfounded finding is inconsistent with the Department's rules and
procedures, the reviewer shall document the findings in an Unfounded Review Report and forward the Unfounded Review Report to the investigator, supervisor, area administrator assigned to the case, and Deputy Director of Child Protection to ensure appropriate corrective steps are taken in the case before the final finding is entered. The Unfounded Review Report shall be included in the investigative file. (b) The Deputy Director of Child Protection must oversee a review process that ensures the Department reviews a random sample of at least 5% of indicated reports in which any subject child of the report is not of compulsory school age as provided under Section 26-1 of the School Code, the child is not a youth in care, and the Department is not opening a case for any type of services, including situations in which the family refuses services. The review must be conducted by an area administrator outside the supervisory chain of the assigned investigator within 15 days of the final finding being entered. The review shall ensure that the investigation was conducted in accordance with the Department's rules and
procedures governing child abuse and neglect investigations and that the decision to not provide services is consistent with the goal of protecting the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect. If the reviewer determines the investigation or final finding is inconsistent with the Department's rules and
procedures, the reviewer shall document the findings in an Indicated Review Report and forward the Indicated Review Report to the investigator, supervisor, area administrator assigned to the case, and Deputy Director of Child Protection to ensure appropriate corrective steps are taken in the case. The Indicated Review Report shall be included in the investigative file. (c) The Department shall document its findings in accordance with subsections (a) and (b), including the number of Unfounded Review Reports and Indicated Review Reports, and the findings and recommendations detailed in the Indicated Review Reports and Unfounded Review Reports in reports to the General Assembly. The reports shall describe recommendations for systemic reforms based on the findings of the reviews and the steps the Department will take to implement the recommendations. The initial report shall be filed 90 days after the effective date of this amendatory Act of the 101st General Assembly. Subsequent reports shall be filed on December 1 and June 1 of each year.
(Source: P.A. 101-528, eff. 8-23-19.) |