Bill Text: IL HB2942 | 2011-2012 | 97th General Assembly | Amended

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-Amended.html

---

Rep. Patricia R. Bellock

Filed: 3/24/2011

09700HB2942ham002 LRB097 09211 KTG 53332 a
AMENDMENT TO HOUSE BILL 2942
AMENDMENT NO. ______. Amend House Bill 2942 by replacing
everything after the enacting clause with the following:
"Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Section 7.21 as follows:
(325 ILCS 5/7.21)
Sec. 7.21. Review of unfounded reports. Multidisciplinary
Review Committee.
(a) Whenever the Department determines that a reported
incident of child abuse or neglect from a reporter is
"unfounded", the reporter may request an appeal of the
investigation within 10 days of the notification of the final
finding. Whenever the Department determines that any reported
incident of child abuse or neglect is "unfounded", the minor's
guardian ad litem appointed under the Juvenile Court Act of
1987 may request an appeal of the investigation within 10 days

09700HB2942ham002 - 2 - LRB097 09211 KTG 53332 a
of the notification of the final finding and receipt of the
investigative packet, if the subject of the report is also the
minor for whom the guardian ad litem has been appointed.
Appeals under this subsection will be conducted by a neutral
third party. The neutral third party shall make recommendations
to the Department as to the adequacy of the investigation and
the accuracy of the final finding determination. The Department
may establish multidisciplinary review committees in each
region of the State to assure that mandated reporters have the
ability to have a review conducted on any situation where a
child abuse or neglect report made by them was "unfounded", and
they have concerns about the adequacy of the investigation.
These committees shall draw upon the expertise of the Child
Death Review Teams as necessary and practicable. Each committee
will be composed of the following: a health care professional,
a Department employee, a law enforcement official, a licensed
social worker, and a representative of the State's attorney's
office. In appointing members of a committee, primary
consideration shall be given to a prospective member's prior
experience in dealing with cases of suspected child abuse or
neglect.
(b) (Blank). Whenever the Department determines that a
reported incident of child abuse or neglect from a mandated
reporter is "unfounded", the mandated reporter may request a
review of the investigation within 10 days of the notification
of the final finding. Whenever the Department determines that a

09700HB2942ham002 - 3 - LRB097 09211 KTG 53332 a
reported incident of child abuse or neglect from a mandated
reporter or any other reporter is "unfounded", the minor's
guardian ad litem appointed under the Juvenile Court Act of
1987 may request a review of the investigation within 10 days
of the notification of the final finding if the subject of the
report is also the minor for whom the guardian ad litem has
been appointed. The review of the investigation requested by
the guardian ad litem may be conducted by the Regional Child
Protection Manager.
A review under this subsection will be conducted by the
committee, except those requests for review that are made by
the guardian ad litem, which shall be conducted by the Regional
Child Protection Manager. The Department shall make available
to the committee all information in the Department's possession
concerning the case. The committee shall make recommendations
to the Department as to the adequacy of the investigation and
of the accuracy of the final finding determination. These
findings shall be forwarded to the Regional Child Protection
Manager.
(c) The Department shall provide complete records of these
investigations to the committee. Records provided to the
committee and recommendation reports generated by the
committee shall not be public record.
(c-5) On or before October 1 of each year, the Department
shall prepare a report setting forth (i) the number of
investigations appealed reviewed by each committee during the

09700HB2942ham002 - 4 - LRB097 09211 KTG 53332 a
previous fiscal year and (ii) the number of those
investigations that the committee found to be inadequate, and
(iii) the number of recommendations to reverse final findings.
The report shall also include a summary of the committee's
comments and a summary of the corrective action, if any, that
was taken in response to the committee's recommendations. The
report shall be a public record. The Department shall submit
the report to the General Assembly and shall make the report
available to the public upon request.
(d) The Department shall adopt rules to implement this
Section by October 1, 2011. The rules may limit the rights of a
reporter to appeal unfounded cases when the reporter has been
determined to be engaging in harassing conduct.
(Source: P.A. 90-239, eff. 7-28-97; 91-812, eff. 6-13-00.)".