97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5129
 
Introduced , by Rep. Patricia R. Bellock
 
SYNOPSIS AS INTRODUCED:



        
325 ILCS 5/7.4 from Ch. 23, par. 2057.4
325 ILCS 5/7.14 from Ch. 23, par. 2057.14
325 ILCS 5/7.16 from Ch. 23, par. 2057.16
325 ILCS 5/7.21

 Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to convene a multi-disciplinary committee to review application of the
Department's investigation procedures to investigations involving children with custody cases pending
pursuant to the Illinois Marriage and Dissolution of Marriage Act. Requires the Department to promulgate rules, by June 1, 2013, establishing criteria and standards for
labeling a child abuse or neglect report as false in the state central register. Requires the Department's investigation team to include a licensed clinical social worker with experience in working with a child's specific disability when a report involves a child with a cognitive or physical disability. Provides that if the child named in the report was in the temporary custody or
guardianship of the Department when the report was received, then the child named in the report shall be a party to another's request for expungement of the final findings. Contains provisions concerning a mandated reporter's request for a review of an unfounded report; appeals requested by parents, personal guardians, or legal custodians who are not also subjects of the report; appeals conducted by a neutral third party; appeals or reviews requested via U.S. Mail; and Department rules limiting the rights of a reporter to request an appeal. Effective immediately.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB5129LRB097 18626 KTG 65576 b



1 AN ACT concerning children.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Abused and Neglected Child Reporting Act is 
5amended by changing Sections 7.4, 7.14, 7.16, and 7.21 as 
6follows:




7 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)


8 Sec. 7.4. (a) The Department shall be capable of receiving 
9reports of
suspected child abuse or neglect 24 hours a day, 7 
10days a week. Whenever
the Department receives a report alleging 
11that a child is a
truant as defined in Section 26-2a of The 
12School Code, as now or hereafter
amended, the Department shall 
13notify the superintendent of the school
district in which the 
14child resides and the appropriate superintendent of
the 
15educational service region. The notification to the 
16appropriate
officials by the Department shall not be considered 
17an allegation of abuse
or neglect under this Act.

18 (a-5) Beginning January 1, 2010, the Department of Children 
19and Family Services may implement a 5-year demonstration of a 
20"differential response program" in accordance with criteria, 
21standards, and procedures prescribed by rule. The program may 
22provide that, upon receiving a report, the Department shall 
23determine whether to conduct a family assessment or an 
 
 
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1investigation as appropriate to prevent or provide a remedy for 
2child abuse or neglect.
3 For purposes of this subsection (a-5), "family assessment" 
4means a comprehensive assessment of child safety, risk of 
5subsequent child maltreatment, and family strengths and needs 
6that is applied to a child maltreatment report that does not 
7allege substantial child endangerment. "Family assessment" 
8does not include a determination as to whether child 
9maltreatment occurred but does determine the need for services 
10to address the safety of family members and the risk of 
11subsequent maltreatment.
12 For purposes of this subsection (a-5), "investigation" 
13means fact-gathering related to the current safety of a child 
14and the risk of subsequent abuse or neglect that determines 
15whether a report of suspected child abuse or neglect should be 
16indicated or unfounded and whether child protective services 
17are needed.
18 Under the "differential response program" implemented 
19under this subsection (a-5), the Department:
20  (1) Shall conduct an investigation on reports 
21 involving substantial child abuse or neglect.
22  (2) Shall begin an immediate investigation if, at any 
23 time when it is using a family assessment response, it 
24 determines that there is reason to believe that substantial 
25 child abuse or neglect or a serious threat to the child's 
26 safety exists.
 
 
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1  (3) May conduct a family assessment for reports that do 
2 not allege substantial child endangerment. In determining 
3 that a family assessment is appropriate, the Department may 
4 consider issues including, but not limited to, child 
5 safety, parental cooperation, and the need for an immediate 
6 response.
7  (4) Shall promulgate criteria, standards, and 
8 procedures that shall be applied in making this 
9 determination, taking into consideration the Child 
10 Endangerment Risk Assessment Protocol of the Department.
11  (5) May conduct a family assessment on a report that 
12 was initially screened and assigned for an investigation.
13 In determining that a complete investigation is not 
14required, the Department must document the reason for 
15terminating the investigation and notify the local law 
16enforcement agency or the Department of State Police if the 
17local law enforcement agency or Department of State Police is 
18conducting a joint investigation.
19 Once it is determined that a "family assessment" will be 
20implemented, the case shall not be reported to the central 
21register of abuse and neglect reports.
22 During a family assessment, the Department shall collect 
23any available and relevant information to determine child 
24safety, risk of subsequent abuse or neglect, and family 
25strengths.
26 Information collected includes, but is not limited to, when 
 
 
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1relevant: information with regard to the person reporting the 
2alleged abuse or neglect, including the nature of the 
3reporter's relationship to the child and to the alleged 
4offender, and the basis of the reporter's knowledge for the 
5report; the child allegedly being abused or neglected; the 
6alleged offender; the child's caretaker; and other collateral 
7sources having relevant information related to the alleged 
8abuse or neglect. Information relevant to the assessment must 
9be asked for, and may include:
10  (A) The child's sex and age, prior reports of abuse or 
11 neglect, information relating to developmental 
12 functioning, credibility of the child's statement, and 
13 whether the information provided under this paragraph (A) 
14 is consistent with other information collected during the 
15 course of the assessment or investigation.
16  (B) The alleged offender's age, a record check for 
17 prior reports of abuse or neglect, and criminal charges and 
18 convictions. The alleged offender may submit supporting 
19 documentation relevant to the assessment.
20  (C) Collateral source information regarding the 
21 alleged abuse or neglect and care of the child. Collateral 
22 information includes, when relevant: (i) a medical 
23 examination of the child; (ii) prior medical records 
24 relating to the alleged maltreatment or care of the child 
25 maintained by any facility, clinic, or health care 
26 professional, and an interview with the treating 
 
 
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1 professionals; and (iii) interviews with the child's 
2 caretakers, including the child's parent, guardian, foster 
3 parent, child care provider, teachers, counselors, family 
4 members, relatives, and other persons who may have 
5 knowledge regarding the alleged maltreatment and the care 
6 of the child.
7  (D) Information on the existence of domestic abuse and 
8 violence in the home of the child, and substance abuse.
9 Nothing in this subsection (a-5) precludes the Department 
10from collecting other relevant information necessary to 
11conduct the assessment or investigation. Nothing in this 
12subsection (a-5) shall be construed to allow the name or 
13identity of a reporter to be disclosed in violation of the 
14protections afforded under Section 7.19 of this Act.
15 After conducting the family assessment, the Department 
16shall determine whether services are needed to address the 
17safety of the child and other family members and the risk of 
18subsequent abuse or neglect.
19 Upon completion of the family assessment, if the Department 
20concludes that no services shall be offered, then the case 
21shall be closed. If the Department concludes that services 
22shall be offered, the Department shall develop a family 
23preservation plan and offer or refer services to the family.
24 At any time during a family assessment, if the Department 
25believes there is any reason to stop the assessment and conduct 
26an investigation based on the information discovered, the 
 
 
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1Department shall do so.
2 The procedures available to the Department in conducting 
3investigations under this Act shall be followed as appropriate 
4during a family assessment.
5 The Department shall arrange for an independent evaluation 
6of the "differential response program" authorized and 
7implemented under this subsection (a-5) to determine whether it 
8is meeting the goals in accordance with Section 2 of this Act. 
9The Department may adopt administrative rules necessary for the 
10execution of this Section, in accordance with Section 4 of the 
11Children and Family Services Act.
12 The demonstration conducted under this subsection (a-5) 
13shall become a permanent program on January 1, 2015, upon 
14completion of the demonstration project period. 

15 (b) (1) The following procedures shall be followed in the 
16 investigation
of all reports of suspected abuse or neglect 
17 of a child, except as provided
in subsection (c) of this 
18 Section.


19  (2) If, during a family assessment authorized by 
20 subsection (a-5) or an investigation, it appears that the 
21 immediate safety or well-being of a child is
endangered, 
22 that the family may flee or the child disappear, or that 
23 the
facts otherwise so warrant, the Child Protective 
24 Service Unit shall
commence an investigation immediately, 
25 regardless of the time of day or
night. All other 
26 investigations shall be commenced within 24
hours of 
 
 
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1 receipt of the report. Upon receipt of a report, the Child

2 Protective Service Unit shall conduct a family assessment 
3 authorized by subsection (a-5) or begin an initial 
4 investigation and make an initial
determination whether 
5 the report is a good faith indication of alleged
child 
6 abuse or neglect.


7  (3) Based on an initial investigation, if the Unit 
8 determines the report is a good faith
indication of alleged 
9 child abuse or neglect, then a formal investigation
shall 
10 commence and, pursuant to Section 7.12 of this Act, may or 
11 may not
result in an indicated report. The formal 
12 investigation shall include:
direct contact with the 
13 subject or subjects of the report as soon as
possible after 
14 the report is received; an
evaluation of the environment of 
15 the child named in the report and any other
children in the 
16 same environment; a determination of the risk to such

17 children if they continue to remain in the existing 
18 environments, as well
as a determination of the nature, 
19 extent and cause of any condition
enumerated in such 
20 report; the name, age and condition of other children in

21 the environment; and an evaluation as to whether there 
22 would be an
immediate and urgent necessity to remove the 
23 child from the environment if
appropriate family 
24 preservation services were provided. After seeing to
the 
25 safety of the child or children, the Department shall

26 forthwith notify the subjects of the report in writing, of 
 
 
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1 the existence
of the report and their rights existing under 
2 this Act in regard to amendment
or expungement. To fulfill 
3 the requirements of this Section, the Child
Protective 
4 Service Unit shall have the capability of providing or 
5 arranging
for comprehensive emergency services to children 
6 and families at all times
of the day or night.


7  (4) If (i) at the conclusion of the Unit's initial 
8 investigation of a
report, the Unit determines the report 
9 to be a good faith indication of
alleged child abuse or 
10 neglect that warrants a formal investigation by
the Unit, 
11 the Department, any law enforcement agency or any other

12 responsible agency and (ii) the person who is alleged to 
13 have caused the
abuse or neglect is employed or otherwise 
14 engaged in an activity resulting
in frequent contact with 
15 children and the alleged abuse or neglect are in
the course 
16 of such employment or activity, then the Department shall,

17 except in investigations where the Director determines 
18 that such
notification would be detrimental to the 
19 Department's investigation, inform
the appropriate 
20 supervisor or administrator of that employment or activity

21 that the Unit has commenced a formal investigation pursuant 
22 to this Act,
which may or may not result in an indicated 
23 report. The Department shall also
notify the person being 
24 investigated, unless the Director determines that
such 
25 notification would be detrimental to the Department's 
26 investigation.

 
 
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1 (c) In an investigation of a report of suspected abuse or 
2neglect of
a child by a school employee at a school or on 
3school grounds, the
Department shall make reasonable efforts to 
4follow the following procedures:


5  (1) Investigations involving teachers shall not, to 
6 the extent possible,
be conducted when the teacher is 
7 scheduled to conduct classes.
Investigations involving 
8 other school employees shall be conducted so as to
minimize 
9 disruption of the school day. The school employee accused 
10 of
child abuse or neglect may have his superior, his 
11 association or union
representative and his attorney 
12 present at any interview or meeting at
which the teacher or 
13 administrator is present. The accused school employee

14 shall be informed by a representative of the Department, at 
15 any
interview or meeting, of the accused school employee's 
16 due process rights
and of the steps in the investigation 
17 process.
The information shall include, but need not 
18 necessarily be limited to the
right, subject to the 
19 approval of the Department, of the school employee to

20 confront the accuser, if the accuser is 14 years of age or 
21 older, or the
right to review the specific allegations 
22 which gave rise to the
investigation, and the right to 
23 review all materials and evidence that have
been submitted 
24 to the Department in support of the allegation. These due

25 process rights shall also include the right of the school 
26 employee to
present countervailing evidence regarding the 
 
 
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1 accusations.


2  (2) If a report of neglect or abuse of a child by a 
3 teacher or
administrator does not involve allegations of 
4 sexual abuse or extreme
physical abuse, the Child 
5 Protective Service Unit shall make reasonable
efforts to 
6 conduct the initial investigation in coordination with the

7 employee's supervisor.


8  If the Unit determines that the report is a good faith 
9 indication of
potential child abuse or neglect, it shall 
10 then commence a formal
investigation under paragraph (3) of 
11 subsection (b) of this Section.


12  (3) If a report of neglect or abuse of a child by a 
13 teacher or
administrator involves an allegation of sexual 
14 abuse or extreme physical
abuse, the Child Protective Unit 
15 shall commence an investigation under
paragraph (2) of 
16 subsection (b) of this Section.

17 (c-5) In any instance in which a report is made or caused 
18to made by a school district employee involving the conduct of 
19a person employed by the school district, at the time the 
20report was made, as required under Section 4 of this Act, the 
21Child Protective Service Unit shall send a copy of its final 
22finding report to the general superintendent of that school 
23district.

24 (d) If the Department has contact with an employer, or with 
25a religious
institution or religious official having 
26supervisory or hierarchical authority
over a member of the 
 
 
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1clergy accused of the abuse of a child,
in the course of its

2investigation, the Department shall notify the employer or the 
3religious
institution or religious official, in writing, when a

4report is unfounded so that any record of the investigation can 
5be expunged
from the employee's or member of the clergy's 
6personnel or other
records. The Department shall also notify

7the employee or the member of the clergy, in writing, that 
8notification
has been sent to the employer or to the 
9appropriate religious institution or
religious official

10informing the employer or religious institution or religious 
11official that
the
Department's investigation has resulted in
an 
12unfounded report.

13 (e) Upon request by the Department, the
Department of State 
14Police and law enforcement agencies are
authorized to provide 
15criminal history record information
as defined in the Illinois 
16Uniform Conviction Information Act and information
maintained 
17in
the adjudicatory and dispositional record system as defined 
18in Section
2605-355 of the Department of State Police Law (20 
19ILCS
2605/2605-355) to properly
designated
employees of the

20Department of Children
and Family Services if the Department 
21determines the information is
necessary to perform its duties 
22under the Abused and
Neglected Child Reporting Act, the Child 
23Care Act of 1969, and the Children and
Family Services Act. The

24request shall be in the form and manner required
by
the 
25Department of State Police. Any information obtained by the 
26Department of
Children
and Family Services under this Section 
 
 
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1is
confidential and may not be transmitted outside the 
2Department of Children
and Family Services other than to a 
3court of competent jurisdiction or unless
otherwise authorized 
4by law.
Any employee of the Department of Children and Family 
5Services who transmits
confidential information in
violation 
6of this
Section or causes the information to be
transmitted in 
7violation of this Section is guilty of a Class A
misdemeanor 
8unless the transmittal of
the
information is
authorized by this 
9Section or otherwise authorized by law.

10 (f) For purposes of this Section "child abuse or neglect" 
11includes abuse or neglect of an adult resident as defined in 
12this Act. 
13 (g) The Department shall convene a multi-disciplinary 
14committee to review application of the
Department's 
15investigation procedures to investigations involving children 
16with custody cases pending
pursuant to the Illinois Marriage 
17and Dissolution of Marriage Act. The committee shall include

18Department staff, a licensed clinical social worker 
19specializing in working with children who have
experienced 
20trauma, a licensed clinical social worker specializing in 
21working with children involved in
custody disputes, a 
22professional child custody evaluator, and child advocacy 
23organizations. The
committee shall develop recommendations for 
24policy changes and training regarding investigations of
these 
25cases. Reference to and guidance on parental alienation 
26syndrome shall be removed from existing
procedures and 
 
 
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1policies. Analysis of influence on a child's statements and 
2behavior shall be case-specific
and supported by details. The 
3committee shall prepare a report by December 1, 2013. The 
4Department
shall tender the committee's report and the 
5Department's response and plan for implementation to the

6General Assembly by March 1, 2014.
7 (h) By June 1, 2013, the Department shall promulgate rules 
8establishing criteria and standards for
labeling a report as 
9false in the state central register. The rules shall permit the 
10reporter to submit a
statement regarding the report, unless the 
11reporter has been convicted of knowingly transmitting a false

12report to the Department under paragraph (7) of subsection (a) 
13of Section 26-1 of the Criminal Code of 1961.
14 (i) When a report involves a child with a cognitive or 
15physical disability, the Department's investigation
team shall 
16include a licensed clinical social worker with experience in 
17working with the specific disability
to help assess the 
18information received from the child. This person shall be 
19directly involved in
preparing for the investigation by 
20building awareness of the child's communication, including use 
21of
assistive technology, and reading abilities, assessing 
22whether a reduced number of or shortened interviews are

23warranted, and determining the appropriate environment for 
24interviewing the child. If a forensic
interview is to be 
25completed, the Department shall ensure that the interviewer is 
26trained to interview
individuals with disabilities, and the 
 
 
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1Department shall ensure that the interviewer has access to 
2individualized
information about the victim's disability from 
3personal records, family members or care providers, and
others 
4with relevant information prior to meeting the child. 
5(Source: P.A. 95-908, eff. 8-26-08; 96-760, eff. 1-1-10; 
696-1446, eff. 8-20-10.)




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. After the 
11report is classified, the person making the
classification 
12shall determine whether the child named in the
report is the 
13subject of an action under Article II of the Juvenile Court
Act 
14of 1987. If the child is the subject of an action under Article 
15II of the
Juvenile Court Act, the Department shall, within 30 
16days after classification, transmit a copy of the report to
the 
17guardian ad litem appointed for the child under Section 2-17 of 
18the
Juvenile Court Act. All information identifying the 
19subjects of an unfounded
report shall be expunged from the 
20register
forthwith, except as provided in Section 7.7.

21Unfounded reports may only be made available to the Child

22Protective Service Unit when investigating a subsequent report 
23of suspected
abuse or maltreatment involving a child named in 
24the unfounded report; and to
the subject of the report, 
25provided the Department has not expunged the file in accordance 
 
 
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1with Section 7.7. The Child Protective
Service Unit shall not 
2indicate the subsequent report solely based upon the
existence 
3of the prior unfounded report or reports. Notwithstanding any 
4other
provision of law to the contrary, an unfounded report 
5shall not be admissible
in any judicial or administrative 
6proceeding or action.
Identifying information on all other 
7records shall be
removed from the register no later than 5 
8years after the report is indicated.
However, if another report 
9is received involving the same child, his sibling
or offspring, 
10or a child in the care of the persons responsible for the

11child's welfare, or involving the same alleged offender, the

12identifying
information may be maintained in the register
until 
135 years after the subsequent case or report is closed.

14 Notwithstanding any other provision of this Section, 
15identifying
information in indicated reports involving serious 
16physical injury to a child as defined by the
Department in 
17rules, may be retained longer than 5 years after the report
is 
18indicated or after the subsequent case or report is closed, and 
19may not
be removed from the register except as provided by the 
20Department in rules. Identifying information in indicated 
21reports involving sexual penetration of a child, sexual 
22molestation of a child, sexual exploitation of a child, torture 
23of a child, or the death of a child, as defined by the 
24Department in rules, shall be retained for a period of not less 
25than 50 years after the report is indicated or after the 
26subsequent case or report is closed.


 
 
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1 For purposes of this Section "child" includes an adult 
2resident as defined in this Act.
3(Source: P.A. 96-1164, eff. 7-21-10; 96-1446, eff. 8-20-10; 
497-333, eff. 8-12-11.)





5 (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)



6 Sec. 7.16. 
For any investigation or appeal initiated on or 
7after, or
pending on July 1, 1998, the following time frames 
8shall apply.
Within 60 days after the notification of the 
9completion
of the Child Protective Service Unit investigation, 
10determined by the date
of the notification sent by the 
11Department, a subject of a report may
request the Department to 
12amend the record or
remove the record of the report from the 
13register. Such request shall be
in writing and directed to such 
14person as the Department designates in the
notification. If the 
15Department disregards any
request to do so or does
not act 
16within 10 days, the subject shall have the right to a
hearing 
17within
the Department to determine whether the record of the 
18report should be
amended or removed on the grounds that it is 
19inaccurate or it is
being
maintained in a manner inconsistent 
20with this Act, except that there
shall be no such right to a 
21hearing on the ground of the report's
inaccuracy if there has 
22been a court finding of child abuse or neglect, the
report's 
23accuracy being conclusively presumed on such finding. Such

24hearing shall be held within a reasonable time after the 
25subject's request
and at a reasonable place and hour. The 
 
 
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1appropriate Child Protective
Service Unit shall be given notice 
2of the hearing. If the child named in the report was in the 
3temporary custody or
guardianship of the Department pursuant to 
4Article II of the Juvenile Court Act of 1987
when the report 
5was received, then the child named in the report shall be a 
6party to another subject's
request for expungement of the final 
7findings. In such hearings, the
burden of proving the accuracy 
8and consistency of the record shall be on
the Department and 
9the appropriate Child Protective Service Unit. The
hearing 
10shall be conducted by the Director or his designee, who is 
11hereby
authorized and empowered to order the amendment or 
12removal of
the record to make it accurate and consistent with 
13this Act. The decision
shall be made, in writing, at the close 
14of the hearing, or within 45
days
thereof, and shall state the 
15reasons upon which it is based. Decisions of
the Department 
16under this Section are administrative decisions subject to

17judicial review under the Administrative Review Law.

18 Should the Department grant the request of the subject of 
19the report
pursuant to this Section either on administrative 
20review or after
administrative hearing to amend an indicated 
21report to an unfounded report, the
report shall be released and 
22expunged in accordance
with the standards set forth in Section 
237.14 of this Act.

24(Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)





25 (325 ILCS 5/7.21)



 
 
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1 Sec. 7.21. Multidisciplinary Review Committee. 

2 (a) Reviews requested by mandated reporters. The 
3Department may establish multidisciplinary review committees 
4in each
region of the State to assure that mandated reporters 
5have the ability to have
a review conducted on any situation 
6where a child abuse or neglect report made
by them was 
7"unfounded", and they have concerns about the adequacy of the

8investigation.
These committees shall draw upon the expertise 
9of the Child Death Review
Teams as necessary and practicable. 
10Each committee will be composed of the
following: a
health care 
11professional, a Department employee, a law enforcement 
12official, a
licensed social
worker, and a representative of the 
13State's attorney's office. In appointing
members of a 
14committee, primary consideration shall be given to a 
15prospective
member's prior experience in dealing with cases of 
16suspected child abuse or
neglect. Whenever the Department 
17determines that a
reported incident of child abuse or neglect 
18from a mandated reporter is "unfounded", the
mandated reporter 
19may request a review of the investigation within 10 days after 
20the
notification of the final finding. Within 60 days, the 
21committee shall make recommendations
to the Department as to 
22the adequacy of the investigation and the accuracy of the final

23finding determination. These findings shall be forwarded to the 
24Regional Child Protection
Manager. A summary of the result of 
25the committee's findings, including whether the finding
was 
26recommended, reversed, or upheld and the rationale for the 
 
 
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1determination, shall be
provided to the mandated reporter 
2within 60 days. The summary shall inform the
mandated reporter 
3that if he or she disagrees with the findings of the committee, 
4the mandated
reporter may submit a request for investigation 
5with the Department's Office of the Inspector
General. 

6 (b) Reviews requested by guardians ad litem appointed 
7pursuant to Section 2-17 of the
Juvenile Court Act of 1987. 
8Whenever the Department determines that a reported incident of 
9child
abuse or neglect from a mandated reporter is "unfounded", 
10the mandated reporter
may request a review of the investigation 
11within 10 days of the notification of
the final finding. 
12Whenever the Department determines that a reported
incident of 
13child abuse or neglect from a mandated reporter or any other

14reporter is "unfounded", the minor's guardian ad litem 
15appointed under the
Juvenile Court Act of 1987 may request an 
16appeal a review of the investigation within 10
days of the 
17notification of the final finding if the subject of the report 
18is
also a the minor as defined by
Section 1-3 of the Juvenile 
19Court Act of 1987 for whom the guardian ad litem has been 
20appointed. The review
of the investigation requested by the 
21guardian ad litem may be conducted by
the Regional Child 
22Protection Manager.

23 A review under this subsection will be conducted by the

24committee, except those requests for review that are made by 
25the guardian
ad litem, which shall be conducted by the Regional 
26Child Protection Manager.
The
Department shall make available 
 
 
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1to the committee all information in the
Department's possession 
2concerning the case. The committee shall make
recommendations 
3to the Department as to the adequacy of the investigation and

4of the accuracy of the final finding determination. These 
5findings shall be
forwarded to the Regional Child Protection 
6Manager.

7 (b-1) Appeals requested by parents, personal guardians, or 
8legal custodians who are not also
subjects of the report. 
9Whenever the Department determines that a reported incident of

10child abuse involving abuse allegations of death, head 
11injuries, internal injuries, burns,
wounds, bone fractures, 
12torture, sexually transmitted disease, sexual penetration, 
13sexual
exploitation, sexual molestation, substantial risk of 
14sexual injury, or human trafficking of
children is unfounded, a 
15parent, personal guardian, or legal custodian of the alleged 
16victim,
who is not the subject perpetrator of the report, may 
17request an appeal of the final finding
within 10 days after 
18notification of the final finding.
19 (b-2) Appeals under subsections (b) and (b-1) shall be 
20conducted by a neutral third party.
The neutral third party 
21shall make recommendations to the Department as to the adequacy

22of the investigation and the accuracy of the final finding 
23determination. These findings
shall be forwarded to the 
24Regional Child Protection Manager.
25 (b-3) Appeals or reviews requested under subsection (a), 
26(b), or (b-1) may be requested by
sending a request via U.S. 
 
 
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1Mail, postmarked within 10 days after notice of the final 
2finding.
The Department may, by rule, establish additional 
3methods of receiving appeals. 
4 (c) The Department shall provide complete records of these 
5investigations to
the committee or the neutral third party 
6hearing an appeal. Records provided to the committee or the 
7neutral third party hearing an appeal and recommendation 
8reports
generated by the committee or the neutral third party 
9hearing an appeal shall not be public record. Recommendation 
10reports shall be provided to a guardian ad litem
appointed 
11under Section 2-17 of the Juvenile Court Act of 1987 to 
12represent a minor named as a
subject of the report. 

13 (c-5) On or before October 1 of each year, the Department 
14shall prepare a
report setting forth (i) the number of 
15investigations
reviewed pursuant to subsection (a) by each 
16committee during the previous fiscal year, and (ii) the number

17of appeals requested
pursuant to subsections (b) and (b-1), 
18(iii) the number of those investigations that the committee 
19found to be
inadequate, (iv) a summary of the committee's or 
20neutral third party's comments, (v) . The report shall also 
21include a summary of the committee's
comments and a summary of 
22the corrective action, if any, that
was taken in response to 
23the committee's or the neutral third party's recommendations, 
24and (vi) the number of recommendations made to reverse final 
25findings. The report shall be
a public record. The Department 
26shall submit the
report to the General Assembly and shall make 
 
 
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1the report available to the
public upon request.

2 (d) The Department shall adopt rules to implement this 
3Section by October 1, 2013. The
rules may limit the rights of a 
4reporter to request an appeal pursuant to subsection (b-1)
when 
5the reporter has been convicted of making false reports under 
6paragraph (7) of subsection (a) of
Section 26-1 of the Criminal 
7Code of 1961.

8(Source: P.A. 90-239, eff. 7-28-97; 91-812, eff. 6-13-00.)



9 Section 99. Effective date. This Act takes effect upon 
10becoming law.