Comments: IL SB0193 | 2019-2020 | 101st General Assembly

Bill Title: Amends the Abused and Neglected Child Reporting Act. Provides that prior to classifying a report of abuse or neglect as "indicated", "unfounded" or "undetermined", if the Department of Children and Family Services intends to classify the report as unfounded, the Department must first determine whether the report is subject to review and must complete the review process prior to classifying the report. Requires the Deputy Director of Child Protection to 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 the School Code. Provides that the review must be conducted by an area administrator outside the supervisory chain of the investigator and supervisor; and that 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. Provides that 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 specified persons to ensure corrective steps are taken in the case before the final finding is entered. Requires the Deputy Director of Child Protection to 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 the School Code, the child is not a youth in care, and the Department is not opening a case for any type of services. Provides that 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 specified persons to ensure corrective steps are taken in the case. Requires the Department to report to the General Assembly its findings on the number of Unfounded Review Reports and Indicated Review Reports it documents. Provides that 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 the Juvenile Court Act of 1987 are strictly prohibited and shall not be included in any contract, quality assurance, or performance review process. Provides that 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 the Juvenile Court Act of 1987 shall be based solely on the child's health, safety, and best interests and on any applicable law. Requires any Department employee responsible for reviewing contracts or program plans who is aware of a violation of these provisions to immediately refer the matter to the Inspector General of the Department. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 12-1)

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

Text: Latest bill text (Chaptered) [HTML]

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