Bill Amendment: IL SB0193 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: JUV CT-DURATION OF WARDSHIP

Status: 2019-08-23 - Public Act . . . . . . . . . 101-0528 [SB0193 Detail]

Download: Illinois-2019-SB0193-House_Amendment_001.html

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Rep. Sara Feigenholtz

Filed: 5/6/2019

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

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report is the subject of an action under Article V of the
Juvenile Court Act of 1987 who is in the custody or
guardianship of the Department or who has an open intact family
services case with the Department or is the subject of an
action under Article II of the Juvenile Court Act of 1987. If
the child either is the subject of an action under Article V of
the Juvenile Court Act of 1987 and is in the custody or
guardianship of the Department or has an open intact family
services case with the Department or is the subject of an
action under Article II of the Juvenile Court Act of 1987 and
the Department intends to classify the report as indicated, the
Department shall, within 45 days of classification of the
report, transmit a copy of the report to the attorney or
guardian ad litem appointed for the child under Section 2-17 of
the Juvenile Court Act of 1987 or to a guardian ad litem
appointed under Section 5-610 of the Juvenile Court Act of
1987. If the child either is the subject of an action under
Article V of the Juvenile Court Act of 1987 and is in the
custody or guardianship of the Department or has an open intact
family services case with the Department or is the subject of
an action under Article II of the Juvenile Court Act of 1987
and the Department intends to classify the report as unfounded,
the Department shall, within 45 days of deciding its intent to
classify the report as unfounded, transmit a copy of the report
and written notice of the Department's intent to the attorney
or guardian ad litem appointed for the child under Section 2-17

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

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

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(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

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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

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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.
(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
Sec. 8.2. If the Child Protective Service Unit determines,
following an investigation made pursuant to Section 7.4 of this
Act, that there is credible evidence that the child is abused
or neglected, the Department shall assess the family's need for
services, and, as necessary, develop, with the family, an
appropriate service plan for the family's voluntary acceptance
or refusal. In any case where there is evidence that the
perpetrator of the abuse or neglect has a substance use
disorder as defined in the Substance Use Disorder Act, the

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

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

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

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