Bill Text: IL HB2942 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Abused and Neglected Child Reporting Act. Permits a reporting source, whether mandated or not, to appeal a finding by the Child Protective Service Unit that his or her report of abuse or neglect is unfounded. Provides that the Department of Children and Family Services shall establish by rule the appeal process and that if upon appeal a determination is made that there is no credible evidence of abuse or neglect, the reporting source, whether mandated or not, may petition the Attorney General or the appropriate State's Attorney to review his or her report.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB2942 Detail]
Download: Illinois-2011-HB2942-Introduced.html
Bill Title: Amends the Abused and Neglected Child Reporting Act. Permits a reporting source, whether mandated or not, to appeal a finding by the Child Protective Service Unit that his or her report of abuse or neglect is unfounded. Provides that the Department of Children and Family Services shall establish by rule the appeal process and that if upon appeal a determination is made that there is no credible evidence of abuse or neglect, the reporting source, whether mandated or not, may petition the Attorney General or the appropriate State's Attorney to review his or her report.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB2942 Detail]
Download: Illinois-2011-HB2942-Introduced.html
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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Abused and Neglected Child Reporting Act is | |||||||||||||||||||
5 | amended by changing Section 8.1 as follows:
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6 | (325 ILCS 5/8.1) (from Ch. 23, par. 2058.1)
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7 | Sec. 8.1.
If the Child Protective Service Unit determines | |||||||||||||||||||
8 | after
investigating a report that there is no credible evidence | |||||||||||||||||||
9 | that a child is
abused or neglected, it shall deem the report | |||||||||||||||||||
10 | to be an unfounded report.
However, if it appears that the | |||||||||||||||||||
11 | child or family could benefit from other
social services, the | |||||||||||||||||||
12 | local service may suggest such services, including
services | |||||||||||||||||||
13 | under Section 8.2, for the family's voluntary acceptance or | |||||||||||||||||||
14 | refusal.
If the family declines such services, the Department | |||||||||||||||||||
15 | shall take appropriate
action in keeping with the best interest | |||||||||||||||||||
16 | of the child, including referring a
member of the child's | |||||||||||||||||||
17 | family to a facility licensed by the Department of
Human | |||||||||||||||||||
18 | Services or the Department of
Public Health. For purposes of | |||||||||||||||||||
19 | this Section "child" includes an adult resident as defined in | |||||||||||||||||||
20 | this Act.
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21 | Notwithstanding any other provision of law to the contrary, | |||||||||||||||||||
22 | a reporting source, whether mandated or not, may appeal a | |||||||||||||||||||
23 | finding by the Child Protective Service Unit that his or her |
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1 | report of abuse or neglect is unfounded. The Department shall | ||||||
2 | establish by rule the appeal process.
If upon appeal a | ||||||
3 | determination is made that there is no credible evidence of | ||||||
4 | abuse or neglect, the reporting source, whether mandated or | ||||||
5 | not, may petition the Attorney General or the appropriate | ||||||
6 | State's Attorney to review his or her report. | ||||||
7 | (Source: P.A. 96-1446, eff. 8-20-10.)
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